陕西高校专利权保护问题研究 64页

中国优秀硕士学位论文全文数据库2011年第S1期经济与管理科学辑ChineseMaster'sThesesFull-textDatabase2011,No.S1EconomicsandManagementSciencesJ168-2-1陕西高校专利权保护问题研究代华学位授予单位:西安理工大学;学科专业:马克思主义基本原理摘要在经济全球化的背景下,有效保护科技成果的知识产权已成为经济竞争的主要内容和重要手段。高校是我国科技创新的中坚力量,是专利权等知识产权的重要源泉,加强高校知识产权的保护力度,特别是高校科技创新成果的专利权保护,对国家知识产权战略的实现、提高科技创新能力和核心竞争力具有重要意义。目前,部分高校仍存在着“重论文,轻专利”的狭隘科研意识,对专利权等知识产权保护工作却没有给予足够的重视。尤其是一些高校缺乏专利权保护的制度,对高校科技创新中发明创造的专利申请、取得专利权的发明创造的保护,缺乏有效的措施,导致专利大量流失等问题大量存在。本文首先阐述了专利权保护的基本理论,从符合国家知识产权战略、激励高校师生科技创新、促进高校科技成果产业化三个方面分析了高校专利权保护的必要性；然后以美国、英国、德国、日本为例,分析了国外高校专利权保护的现状并从中得出相应启示。在此基础之上,文章回归重点——陕西高校的专利权保护,采用实证分析和数据统计方法,全面分析总结了陕西高校专利权保护现状及存在问题：专利权保护意识不强,专利权归属界定不明确,缺乏保护管理制度,缺乏专利权保护的专门人才,相应配套机制不完善,进而提出完善高校利权保护的具体措施,从提高意识到完善法规到机构设置到人才培养,再到配套机制的完善,构建一个完整的可行的高校专利权保护模式。关键词：陕西;;高校;;专利权;;保护中图分类号：G306;G644AbstractUnderthebackgroundofglobaleconomy,effectivesystemsforintellectualpropertyprotectionhaveconstitutedthemaincontentofglobaleconomiccompetitionandcanbecomeacutedgeinthiscompetition.InChina,institutionsofhighereducationarethebackboneforscientificandtechnologicinnovationsandarethemainforceofproducingintellectualproperties.Thusenhancingtheprotectionforintellectualproperty,especiallytheprotectionforpatentrightoftheinventionsfromhighereducationinstitutions,issignificanttotherealizationofnationalstrategyofintellectualpropertyprotectionaswellasthepromotionofnationalinnovativeabilityandcorecompetitiveness.However,sofarmanyhighereducationinstitutionsstillholdtheperspectiveof"academicpapersaremoreimportantthanpatents"andhavefailedtorealizetheimportanceofpatentprotection.Withtheconsequencethatmanyinstitutionsofhighereducationlackofeffectivesystemsforpatentprotection,whichhascausedanumberofinventionsdidnotgetduepatentrights.Inthefirstpart,thisdissertationhasillustratedthebasictheoriesofpatentprotectionandanalyzedthenecessityforpatentprotectionintheaspectsofkeepinginaccordancewiththenationalstrategyforintellectualpropertyprotection,encouragingscientificandtechnologicalinnovationandpromotingindustrializationofscientificandtechnologicalproductionsfromhighereducationinstitutions.Inthesecondpart,anoverviewofcurrentsituationofpatentprotectionsintheUnitedStates,theUnitedKingdom,GermanyandJapanhasbeenconducted.Onthebasisoftheaboveknowledge,withthemethodologiesofempiricalandstatisticalstudy,thethirdpartalsothemainparthasanalyzedandsummarizedthecurrentsituationandtheexistingproblemsofpatent导师:康建辉；导师单位:西安理工大学\n中国优秀硕士学位论文全文数据库2011年第S1期经济与管理科学辑J168-2-2protectionsintheinstitutionsofhighereducationinShaanxiProvince.Finally,thisdissertationhasgivenoutsomespecificmeasurestoaddresstheproblemsoftheweakawarenessofpatentprotection,theambiguityofpatentownership,thelackofeffectivepatentprotectionsystem,andthelackofprofessionalexpertsinthepatentfield.Throughthesemeasuresthisdissertationattemptstomakesomecontributionstotheestablishmentofmoreeffectiveandpracticalsystemsforpatentprotectioninhighereducationinstitutions.KeyWords：shaanxi;;university;;patentright;;patentprotection\n第S1期代华：陕西高校专利权保护问题研究J168-2-3目录1前言······························································································································································51.1研究的背景及意义································································································································51.2国内外研究的现状································································································································51.2.1国外研究现状·································································································································51.2.2国内研究现状·································································································································71.3研究的内容及方法································································································································81.4论文的创新点········································································································································92专利权保护的基本理论·······························································································································112.1专利权的概念和特征····························································································································112.1.1专利权的概念·································································································································112.1.2专利权的特征·································································································································112.2专利制度···············································································································································122.3专利权保护的价值································································································································132.4高校保护专利权的必要性·····················································································································153国外高校专利权保护现状及启示················································································································173.1英美法系国家高校专利权保护现状·····································································································173.1.1美国················································································································································173.1.2英国················································································································································183.2大陆法系国家高校专利权保护现状·····································································································203.2.1德国················································································································································203.2.2日本················································································································································213.3国外高校专利权保护的启示·················································································································224陕西高校专利权保护现状及存在问题········································································································254.1陕西高校专利权保护现状·····················································································································254.1.1陕西高校专利总量纵向比较··········································································································254.1.2陕西高校专利总量横向比较··········································································································264.1.3陕西高校专利流失现状··················································································································284.1.4陕西高校专利转化现状··················································································································294.1.5陕西高校专利权管理制度及机构现状···························································································304.2陕西高校专利权保护中存在的问题·····································································································304.2.1专利权保护意识不强······················································································································304.2.2专利权归属界定不明确··················································································································314.2.3缺乏专利权保护管理制度及机构··································································································324.2.4缺乏专利权保护的专门人才··········································································································334.2.5相应配套机制不完善······················································································································355陕西高校专利权保护的对策·······················································································································375.1增强专利权保护意识,培育高校专利文化·····························································································375.1.1以专利战略为指导·························································································································375.1.2以宣传培训为手段·························································································································38\n中国优秀硕士学位论文全文数据库2011年第S1期经济与管理科学辑J168-2-45.1.3以加强自主保护为目的··················································································································385.2完善法律规定,建立健全高校专利权保护规章·····················································································385.2.1完善专利权归属的相关法律规定··································································································395.2.2制定完善高校规章细则··················································································································395.3完善高校专利权保护与管理的机构设置·····························································································405.3.1侧重研究型高校的专利权保护和管理机构设置···········································································405.3.2侧重教学型高校的专利权保护与管理机构设置···········································································415.4加强高校专利权保护的人才培养·········································································································435.4.1以国家知识产权战略为指导··········································································································435.4.2实行独具特色的知识产权人才培养模式·······················································································435.4.3注重高校知识产权教师队伍素质的提高·······················································································445.5建立健全专利权保护的相应机制·········································································································445.5.1激励机制·········································································································································445.5.2专利权评价制度·····························································································································455.5.3专利权报告及监管机制··················································································································465.5.4构建专利权转化机制······················································································································46结论··································································································································································49参考文献··························································································································································51在校学习期间发表的论文、专利、获奖及社会评价·····················································································55\n第S1期代华：陕西高校专利权保护问题研究J168-2-5\n中国优秀硕士学位论文全文数据库2011年第S1期经济与管理科学辑J168-2-6\n第S1期代华：陕西高校专利权保护问题研究J168-2-7\n中国优秀硕士学位论文全文数据库2011年第S1期经济与管理科学辑J168-2-8\n第S1期代华：陕西高校专利权保护问题研究J168-2-9\n中国优秀硕士学位论文全文数据库2011年第S1期经济与管理科学辑J168-2-10\n第S1期代华：陕西高校专利权保护问题研究J168-2-11\n中国优秀硕士学位论文全文数据库2011年第S1期经济与管理科学辑J168-2-12\n第S1期代华：陕西高校专利权保护问题研究J168-2-13\n中国优秀硕士学位论文全文数据库2011年第S1期经济与管理科学辑J168-2-14\n第S1期代华：陕西高校专利权保护问题研究J168-2-15\n中国优秀硕士学位论文全文数据库2011年第S1期经济与管理科学辑J168-2-16\n第S1期代华：陕西高校专利权保护问题研究J168-2-17\n中国优秀硕士学位论文全文数据库2011年第S1期经济与管理科学辑J168-2-18\n第S1期代华：陕西高校专利权保护问题研究J168-2-19\n中国优秀硕士学位论文全文数据库2011年第S1期经济与管理科学辑J168-2-20\n第S1期代华：陕西高校专利权保护问题研究J168-2-21\n中国优秀硕士学位论文全文数据库2011年第S1期经济与管理科学辑J168-2-22\n第S1期代华：陕西高校专利权保护问题研究J168-2-23\n中国优秀硕士学位论文全文数据库2011年第S1期经济与管理科学辑J168-2-24\n第S1期代华：陕西高校专利权保护问题研究J168-2-25\n中国优秀硕士学位论文全文数据库2011年第S1期经济与管理科学辑J168-2-26\n第S1期代华：陕西高校专利权保护问题研究J168-2-27\n中国优秀硕士学位论文全文数据库2011年第S1期经济与管理科学辑J168-2-28\n第S1期代华：陕西高校专利权保护问题研究J168-2-29\n中国优秀硕士学位论文全文数据库2011年第S1期经济与管理科学辑J168-2-30\n第S1期代华：陕西高校专利权保护问题研究J168-2-31\n中国优秀硕士学位论文全文数据库2011年第S1期经济与管理科学辑J168-2-32\n第S1期代华：陕西高校专利权保护问题研究J168-2-33\n中国优秀硕士学位论文全文数据库2011年第S1期经济与管理科学辑J168-2-34\n第S1期代华：陕西高校专利权保护问题研究J168-2-35\n中国优秀硕士学位论文全文数据库2011年第S1期经济与管理科学辑J168-2-36\n第S1期代华：陕西高校专利权保护问题研究J168-2-37\n中国优秀硕士学位论文全文数据库2011年第S1期经济与管理科学辑J168-2-38\n第S1期代华：陕西高校专利权保护问题研究J168-2-39\n中国优秀硕士学位论文全文数据库2011年第S1期经济与管理科学辑J168-2-40\n第S1期代华：陕西高校专利权保护问题研究J168-2-41\n中国优秀硕士学位论文全文数据库2011年第S1期经济与管理科学辑J168-2-42\n第S1期代华：陕西高校专利权保护问题研究J168-2-43\n中国优秀硕士学位论文全文数据库2011年第S1期经济与管理科学辑J168-2-44\n第S1期代华：陕西高校专利权保护问题研究J168-2-45\n中国优秀硕士学位论文全文数据库2011年第S1期经济与管理科学辑J168-2-46\n第S1期代华：陕西高校专利权保护问题研究J168-2-47\n中国优秀硕士学位论文全文数据库2011年第S1期经济与管理科学辑J168-2-48\n第S1期代华：陕西高校专利权保护问题研究J168-2-49\n中国优秀硕士学位论文全文数据库2011年第S1期经济与管理科学辑J168-2-50\n第S1期代华：陕西高校专利权保护问题研究J168-2-51\n中国优秀硕士学位论文全文数据库2011年第S1期经济与管理科学辑J168-2-52\n第S1期代华：陕西高校专利权保护问题研究J168-2-53\n中国优秀硕士学位论文全文数据库2011年第S1期经济与管理科学辑J168-2-54\n第S1期代华：陕西高校专利权保护问题研究J168-2-55\n\n\n\n\n\n\n\n\n